Netaji Subhas Medical College and Hospital, Amhara, Bihta, Bihar
(Established by Sitwanto Devi Mahila Kalyan Sansthan)
1.1. This Committee shall be called the "Disciplinary Committee" (hereinafter referred to as "the Committee") of Netaji Subhas Medical College and Hospital, Amhara, Bihta, Bihar.
1.2. The Committee is established in accordance with the National Medical Commission Act, 2019, NMC Regulations, and the principles of natural justice to ensure maintenance of discipline among faculty members, residents, interns, students, and non-teaching staff.
1.3. The Committee shall function as an inquiry and disciplinary authority for maintaining academic discipline, professional conduct, and institutional decorum.
To maintain discipline, decorum, and professional conduct among all stakeholders of the institution including students, faculty, residents, interns, and staff.
To create and ensure a calm, peaceful, and conducive academic atmosphere in the campus.
To prevent and take action against ragging, harassment, misconduct, and other indisciplinary activities.
To ensure compliance with the Code of Professional Conduct and Ethics as prescribed by the National Medical Commission.
To conduct fair and impartial inquiries into allegations of misconduct and indiscipline.
To recommend appropriate disciplinary action based on the nature and gravity of the offence.
To protect the rights of all parties involved while ensuring natural justice.
The Committee shall have the following functions and powers:
To propose rules and regulations to the college authorities for maintaining discipline in the college, hospital, and hostel premises.
To receive and examine complaints of misconduct, indiscipline, harassment, ragging, or violation of institutional rules from any stakeholder.
To conduct preliminary inquiry and determine whether the complaint requires detailed investigation.
To constitute sub-committees or inquiry panels for investigation of specific cases as deemed necessary.
To summon and record statements of complainants, accused persons, witnesses, and any other relevant persons.
To examine material evidence including documents, audio-visual recordings, medical reports, or other relevant material.
To conduct cross-examination of parties involved in a fair and transparent manner.
To ensure that principles of natural justice are followed in all proceedings, including adequate opportunity to the accused to present their case.
To recommend disciplinary action ranging from warning, fine, suspension, rustication, to expulsion depending on the severity of misconduct.
To maintain confidentiality of proceedings and protect the identity of complainants (especially in cases of harassment) as may be necessary.
To coordinate with Anti-Ragging Committee, Internal Complaints Committee, and other statutory committees as required.
To submit investigation reports and recommendations to the Principal for approval and implementation.
To monitor implementation of disciplinary actions and ensure compliance.
To maintain comprehensive records of all complaints, inquiries, proceedings, and decisions.
To submit periodic reports to the Principal and Managing Committee on disciplinary matters.
To recommend policy changes and preventive measures to reduce incidents of indiscipline.
To organize orientation programs, workshops, and awareness sessions on discipline, professional conduct, and institutional regulations.
The Disciplinary Committee shall consist of the following members to ensure diverse representation and gender balance:
| S.No. | Designation/Position | Status in Committee |
| 1. | Principal cum Dean, Netaji Subhas Medical College | Chairperson |
| 2. | Medical Superintendent, NSMCH Hospital | Vice-Chairperson |
| 3. | Deputy Medical Superintendent, NSMCH Hospital | Member |
| 4. | Professor & Head, Department of Forensic Medicine | Member (Convener) |
| 5. | Professor & Head, Department of Community Medicine | Member |
| 6. | Professor & Head, Department of General Surgery | Member |
| 7. | Professor & Head, Department of Psychiatry | Member |
| 8. | Professor & Head, Department of Anatomy | Member |
| 9. | Associate Professor, Department of Forensic Medicine | Member |
| 10. | Associate Professor, Department of Medicine (Female) | Member |
| 11. | Chief Warden, Male Hostel | Member |
| 12. | Chief Warden, Female Hostel | Member |
| 13. | Staff Advisor to Students (Male) | Member |
| 14. | Staff Advisor to Students (Female) | Member |
| 15. | Representative of Non-Teaching Staff | Member |
| 16. | Senior Student Representative (if student matter) | Member (Co-opted) |
| 17. | Nominated Representative from Local Police Administration | Member (Special Invitee) |
| 18. | Nominated Representative from Civil Administration | Member (Special Invitee) |
| 19. | Legal Advisor/Advocate (if required) | Member (Special Invitee) |
Table 1: Composition of Disciplinary Committee
The Committee shall ensure adequate representation of both male and female members to handle cases involving students and staff of different genders.
The Professor and Head, Department of Forensic Medicine, shall serve as the Convener of the Committee and shall be responsible for coordinating meetings, investigations, and documentation.
Student representatives may be co-opted for matters relating to student discipline.
Representatives from police, civil administration, or legal experts may be invited as special invitees without voting rights.
Subject matter experts or counselors may be invited for specific cases as deemed necessary.
4.1. The term of office for all nominated members shall be three years from the date of their appointment/nomination, except for ex-officio members who shall continue as members by virtue of holding their respective positions.
4.2. Members may be re-nominated for subsequent terms.
4.3. A member ceasing to hold the position by virtue of which they were appointed shall automatically cease to be a member of the Committee.
4.4. The Principal may nominate substitute members in case of death, retirement, resignation, prolonged absence, or removal of any member.
4.5. In case a member is themselves involved in a disciplinary matter, they shall recuse themselves from proceedings related to that matter.
The Principal/Dean shall be the Chairperson of the Committee.
The Chairperson shall have overall supervision and control of the Committee's functioning.
The Chairperson shall approve final investigation reports and decide on disciplinary action based on Committee recommendations.
In the absence of the Chairperson, the Vice-Chairperson shall preside over meetings and discharge the duties.
The Medical Superintendent shall be the Vice-Chairperson of the Committee.
The Vice-Chairperson shall assist the Chairperson in discharge of duties and preside over meetings in the absence of the Chairperson.
The Professor and Head, Department of Forensic Medicine, shall serve as Convener.
The Convener shall be responsible for:
Receiving and registering complaints and forwarding them to the Committee.
Convening meetings in consultation with the Chairperson.
Constituting inquiry sub-committees for investigation of specific cases.
Coordinating investigation proceedings and ensuring proper documentation.
Preparing and circulating agenda, investigation reports, and minutes.
Maintaining confidential records of all complaints, proceedings, and decisions.
Following up on implementation of disciplinary actions.
Handling correspondence on behalf of the Committee.
The Committee shall have jurisdiction over the following categories:
Undergraduate medical students (MBBS)
Postgraduate students (MD/MS/Diploma)
Interns and Residents
Faculty members (Teaching staff)
Non-teaching staff (Administrative, technical, supporting staff)
6.2. Acts Constituting Misconduct and Indiscipline:
The following acts, without limitation, shall constitute misconduct subject to disciplinary action:
Ragging: Any act of physical or mental abuse, teasing, harassment, or intimidation of junior students by senior students as defined under NMC Anti-Ragging Regulations.
Attendance Deficiency: Failure to maintain minimum attendance requirements (75% in theory, 80% in practical’s and clinical postings as per NMC guidelines) without valid reasons.
Academic Misconduct: Cheating, plagiarism, forgery of documents, impersonation in examinations, copying, use of unfair means, or any form of academic dishonesty.
Professional Misconduct: Violation of the Code of Professional Conduct and Ethics prescribed by NMC, unethical behavior in patient care, breach of patient confidentiality, or professional negligence.
Harassment: Sexual harassment, verbal abuse, bullying, discrimination based on gender, caste, religion, or any other ground.
Violence and Assault: Physical assault, fighting, threatening behavior, use of weapons, or any form of violence on campus or institutional premises.
Substance Abuse: Possession, consumption, distribution, or sale of alcohol, narcotic drugs, psychotropic substances, or any other intoxicants within campus, hospital, or hostel premises.
Damage to Property: Willful damage, destruction, or defacement of institutional property, equipment, infrastructure, or property belonging to others.
Disruption of Academic Activities: Creating disturbances during classes, examinations, or institutional functions; inciting or participating in strikes, boycotts, or unlawful assemblies.
Insubordination: Disobedience, disrespect, or defiance of lawful instructions from authorities, teachers, or administrative officials.
Breach of Hostel Rules: Violation of hostel regulations, unauthorized absence from hostel, harboring outsiders, or misbehavior in hostel premises.
Misuse of Social Media: Posting defamatory, obscene, or objectionable content about the institution, faculty, students, or staff on social media platforms.
Misrepresentation: Providing false information, forging signatures, submitting fake certificates, or misrepresenting facts to the institution.
Criminal Conduct: Involvement in any criminal activity, conviction by a court of law, or behavior bringing disrepute to the institution.
Other Misconduct: Any other act or omission that violates institutional rules, regulations, or standards of conduct.
Complaints may be filed by any student, faculty member, staff, parent, patient, or any other stakeholder.
Complaints shall be submitted in writing to the Convener, Principal, Head of Department, or any Committee member.
The Convener shall register the complaint and assign a unique reference number.
Anonymous complaints may be considered if supported by prima facie evidence.
The Convener or designated member shall conduct preliminary scrutiny of the complaint to determine its prima facie validity.
If the matter is minor and can be resolved through counseling or departmental intervention, it may be referred to the Head of Department for appropriate action.
If the matter is serious and falls within the jurisdiction of the Disciplinary Committee, it shall be referred for detailed inquiry.
For detailed investigation, the Convener may constitute an Inquiry Sub-Committee consisting of 3-5 members from the main Committee.
The Sub-Committee shall include members of appropriate gender representation based on the nature of the case.
One member shall be designated as the Inquiry Officer to lead the investigation.
The accused person shall be issued a Show Cause Notice stating the allegations and providing an opportunity to submit a written explanation within 7 days.
The notice shall specify the date, time, and venue for the inquiry hearing.
7.5. Inquiry Proceedings:
The Inquiry Sub-Committee shall follow the following procedure:
Recording of Complainant's Statement: The complainant shall be called for hearing and their statement recorded in detail.
Recording of Accused's Statement: The accused person shall be given adequate opportunity to present their case, submit documents, and record their statement.
Examination of Witnesses: Witnesses mentioned by both parties shall be called and their depositions recorded.
Collection of Evidence: Any material evidence such as documents, audio/video recordings, CCTV footage, medical reports, or other relevant material shall be collected and examined.
Cross-Examination: The complainant and accused shall be given opportunity for cross-examination to ensure fairness.
Additional Inquiry: The Sub-Committee may call for statements from security staff, hostel wardens, faculty members, or any other person who witnessed the incident.
Legal Representation: The accused may be allowed to be accompanied by a faculty member or legal advisor (without right of audience) at the discretion of the Inquiry Officer.
The Inquiry Sub-Committee shall prepare a comprehensive investigation report based on evidence and findings.
The report shall include detailed findings, analysis of evidence, and recommendations for disciplinary action.
The report shall be submitted to the Convener within 15 days of completion of inquiry (extendable by 7 days if necessary).
The Convener shall convene a meeting of the Disciplinary Committee to consider the investigation report.
The Committee shall examine the report, evidence, and recommendations.
The Committee may seek clarifications or order additional inquiry if deemed necessary.
The Committee shall make its recommendations by consensus or majority decision.
7.8. Approval by Principal:
The final investigation report and recommendations shall be submitted to the Principal for approval.
The Principal may accept, modify, or remand the recommendations back to the Committee with reasons.
The Principal's decision shall be communicated to the accused person in writing within 7 days.
Depending on the nature, gravity, and seriousness of the misconduct, the Committee may recommend one or more of the following disciplinary actions:
Warning/Admonition: Oral or written warning for minor offences, advising the person to refrain from such conduct in future.
Fine: Imposition of monetary fine not exceeding Rs. 10,000/- for damage to property or other monetary compensation.
Mandatory Counseling: Referral to counselor or psychiatrist for behavioral issues or substance abuse problems.
Written Apology: Requirement to submit written unconditional apology to the complainant or institution.
Community Service: Requirement to perform specified hours of community service or social work within the institution.
Suspension from Classes/Clinical Duties: Temporary suspension from attending classes, clinical postings, or hospital duties for a specified period (up to 30 days).
Debarment from Examinations: Debarment from appearing in university examinations for one or more sessions.
Withholding of Results/Certificates: Withholding of examination results, degree certificates, or other documents for a specified period.
Suspension from Hostel: Removal from hostel accommodation temporarily or permanently.
Rustication: Temporary dismissal from the institution for a specified period (usually 6 months to 2 years) with or without conditions for readmission.
Expulsion: Permanent dismissal from the institution with consequent debarment from admission to any other medical institution for a specified period.
Cancellation of Admission: Cancellation of admission and forfeiture of fees paid.
Reporting to University/NMC: Reporting the matter to the affiliated university or National Medical Commission for further action.
Police Complaint: Filing of criminal complaint with police authorities for offences involving criminal conduct.
Entry in Migration/Transfer Certificate: Noting of disciplinary action in the Migration Certificate or Transfer Certificate as mandated under NMC regulations.
Employment Termination: For faculty or staff members, termination of employment or service as per applicable service rules.
While determining appropriate disciplinary action, the Committee shall consider:
Previous disciplinary record of the accused
Severity and impact of the misconduct
Whether the act was premeditated or impulsive
Age, maturity, and mental state of the accused
Expression of genuine remorse and willingness to reform
First-time offender versus repeat offender
Provocation or extenuating circumstances, if any
Any person against whom disciplinary action has been taken shall have the right to appeal to the Chairman/Managing Committee of Sitwanto Devi Mahila Kalyan Sansthan within 15 days of communication of the decision.
9.2. Appeal Procedure:
The appeal shall be submitted in writing stating the grounds of appeal and enclosing relevant documents.
The Appellate Authority may call for records from the Committee.
The Appellate Authority may hear the appellant or decide based on written submissions.
The decision of the Appellate Authority shall be final and binding.
9.3. Interim Stay:
The Appellate Authority may grant interim stay on implementation of disciplinary action pending disposal of the appeal, if deemed appropriate.
The Committee shall meet as and when required. Regular meetings may be held once every quarter to review pending cases and overall disciplinary matters.
The Convener shall convene meetings with at least 5 days' prior notice to all members.
In urgent cases, meetings may be convened with shorter notice with approval of the Chairperson.
The quorum for meetings shall be one-third of the total members or 5 members, whichever is higher.
The Chairperson or Vice-Chairperson must be present for the meeting to proceed.
Decisions shall ordinarily be taken by consensus after thorough discussion.
Where consensus cannot be reached, matters shall be decided by simple majority vote of members present.
In case of a tie, the Chairperson shall have a casting vote.
The Convener shall prepare minutes of each meeting within 7 days.
Minutes shall be circulated to Committee members for confirmation.
All proceedings, documents, and decisions shall be treated as confidential and not disclosed to unauthorized persons.
The Committee shall ensure strict adherence to principles of natural justice in all proceedings:
Audi Alteram Partem: No person shall be condemned unheard. Adequate opportunity shall be given to the accused to present their case.
Nemo Judex in Causa Sua: No member with conflict of interest or personal bias shall participate in inquiry concerning that matter.
Fair and Impartial Inquiry: All inquiries shall be conducted in a fair, transparent, and impartial manner.
Reasoned Decision: All decisions shall be based on evidence and supported by written reasons.
Right to Representation: The accused shall have the right to be accompanied by a faculty member or advisor (subject to Committee approval).
12.1. The Disciplinary Committee shall coordinate with the following statutory committees as required:
Anti-Ragging Committee (for matters involving ragging)
Internal Complaints Committee (for matters involving sexual harassment)
Hostel Management Committee (for hostel-related matters)
Student Welfare Committee (for student counseling and support)
College Council (for academic matters)
12.2. In case of overlapping jurisdiction, the Principal shall determine which Committee shall have primary responsibility for inquiry.
The Convener shall maintain confidential records of:
All complaints received with registration numbers
Investigation reports and supporting documents
Minutes of Committee meetings
Decisions and orders issued
Appeal proceedings and outcomes
The Committee shall submit a quarterly report to the Principal on disciplinary matters handled, actions taken, and pending cases.
An annual report shall be submitted to the Managing Committee highlighting disciplinary trends, preventive measures, and recommendations.
All records shall be maintained in strict confidentiality and shall not be disclosed except as required by law or regulatory authorities.
14.1. The Committee shall undertake the following preventive measures:
Organize orientation programs for freshers on institutional rules, code of conduct, and consequences of indiscipline.
Conduct regular awareness sessions on ragging prevention, sexual harassment, substance abuse, and professional ethics.
Display information about Disciplinary Committee, complaint mechanisms, and contact details prominently on campus.
Coordinate with student counselors to identify and address behavioral issues at early stage.
Recommend policy changes and institutional reforms to prevent recurrence of disciplinary issues.
15.1. This Constitution may be amended by a resolution passed by two-thirds majority of the total members of the Committee.
15.2. Proposed amendments shall be circulated to all members at least 14 days prior to the meeting where they are to be considered.
15.3. All amendments shall be subject to approval by the Managing Committee of Sitwanto Devi Mahila Kalyan Sansthan and must be in conformity with NMC guidelines and applicable laws.
16.1. In case of any doubt or dispute regarding the interpretation of any provision of this Constitution, the decision of the Chairperson shall be final, subject to the approval of the Governing Body.
16.2. Matters not covered by this Constitution shall be governed by applicable provisions of the NMC Act, NMC Regulations, UGC regulations on curbing ragging, and other relevant laws.
17.1. This Constitution shall come into force with effect from the date of its adoption by the Managing Committee of Sitwanto Devi Mahila Kalyan Sansthan.
